Actions to be Taken when Clear Grounds Exist

3.8 When clear grounds exist, a Contracting Government may take action as described in paragraphs 3.8.1 to 3.8.4.1 below.

3.8.1 Allow ship into port knowing clear grounds exist(paragraph 3.5.1 of this Guidance)

3.8.1.1 The Contracting Government may allow the ship to enter port. In such cases, regulation XI-2/9.1.3 requires the Contracting Government to impose one or more control measures. These include:

.1 inspection of the ship;
.2 delaying the ship;
.3 detention of the ship;
.4 restrictions of operations including movement within the port; and/or
.5 additional or alternative lesser administrative or corrective measures.

3.8.1.2 Inspection of a ship may be conducted in accordance with the procedures for a more detailed inspection, as described in chapter 5 of this Guidance.

3.8.1.3 Ultimately the ship could be expelled from port. Expulsion from port shall only be imposed where the duly authorized officer(s) have clear grounds that the ship poses an immediate threat to the security or safety of persons, or of ships or other property and there are no other appropriate means for removing that threat (regulation XI-2/9.3.3).

3.8.2 Require that the ship proceed to specified location(paragraph 3.5.2 of this Guidance)

3.8.2.1 The Contracting Government may also require that the ship proceed to a location specified in the territorial sea or internal waters of the Contracting Government in order to enable the inspection of the ship.

3.8.2.2 Inspection of a ship may be conducted in accordance with the procedures for a more detailed inspection, as described in chapter 5 of this Guidance.

3.8.2.3 Ultimately the ship could be denied entry into port.

3.8.3 Inspect vessel prior to entry into port(paragraph 3.5.3 of this Guidance)

3.8.3.1 The decision to inspect a ship outside port may depend on assessment of the security threat posed by that ship.

3.8.3.2 Inspection of a ship prior to entry into port on the basis of the assessed security threat, may be conducted in accordance with the procedures for a more detailed inspection, as described in chapter 5 of this Guidance.

3.8.3.3 Ultimately the ship could be denied entry into port.

3.8.4 Deny the entry of the ship into port(paragraph 3.5.4 of this Guidance)

3.8.4.1 Denial of entry into port shall only be imposed when the duly authorized officer(s) have clear grounds to believe that the ship poses an immediate threat to the security or safety of persons, ships or other property and there are no other appropriate means for removing that threat.